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(영문) 대구지방법원서부지원 2015.04.02 2014가단35369
대여금
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. In full view of the purport of the entire pleadings, the Plaintiff’s loaning KRW 30 million to the Defendant on November 12, 2010 may be recognized as the date of repayment on June 30, 201, by taking account of the purport of the entire pleadings in the statement in Gap-1.

2. Judgment on the plaintiff's and the defendant's assertion

A. The defendant's defense is proved to have fully repaid the loan amount of KRW 30 million to the plaintiff from December 2, 201 to December 12, 201.

In full view of the purport of the entire arguments in Eul 1-1 and 2, the defendant may recognize the fact that the defendant remitted the amount of the above loan and interest (However, there is no specific interest agreement between the plaintiff and the defendant, and thus the defendant has calculated an adequate interest) to the plaintiff from the defendant's account in the name of the defendant's name on December 9, 201 and on December 2, 201, each of the 6 million won in total and 34 million won in total, over two occasions of the same month, respectively, to the plaintiff.

According to the above facts, the defendant's above 30 million won loan obligation against the plaintiff was fully repaid.

B. The Plaintiff’s assertion 1) The Plaintiff loaned approximately KRW 85.9 million to the Defendant’s husband C prior to the lending of the said money, and the Defendant agreed to preferentially repay the above loans to the Defendant at the time of lending KRW 30 million to the Defendant, and thus, the Defendant’s remittance of KRW 34 million was appropriated for the Plaintiff’s loan claims against the Plaintiff. 2) As to the assertion that the obligor paid the money as the repayment of a specific obligation, the obligee recognized the receipt by the obligee, and asserted that it was appropriated for the repayment of other obligations, the obligee agreed to have agreed to pay the other obligations against the existence of other claims and the other claims.

shall assert and prove that other claims are priority in legal appropriation.

(See Supreme Court Decision 2011Da108095 Decided January 23, 2014). The following circumstances, i.e., the Defendant, which can be known to the Plaintiff based on the respective descriptions and the purport of the entire pleadings.

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